Civil Banter

Catastrophic Impairment: The High-Stakes Determination

In episode 14 of Civil Banter, Hamish and Stan unpack one of the most consequential findings in Ontario accident benefits law: catastrophic impairment. From million‑dollar benefit caps to complex medical and legal tests, the stakes couldn’t be higher. Our hosts break down how catastrophic impairment is determined, why insurers often push back, and what injured people need to know about navigating a system where life‑changing decisions can be made in just a few days. Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

Grounds for a Lawsuit: All About Slips and Falls

In this episode of Civil Banter, Stanford Cummings and Hamish Mills McEwen break down what really happens in slip and fall cases (a timely topic during Ottawa’s freeze–thaw season). After opening with Two Truths and a Lawyer featuring colleague Kiran Uppal the hosts explore how black ice forms, which injuries they see most often, and why strict notice deadlines for municipal and private property falls can determine whether a claim survives. They also discuss the importance of identifying who owns the property, what evidence to gather immediately after a fall, and how tools like surveillance footage and weather data help establish what happened. The episode wraps with a clear explanation of negligence, contributory negligence, and the higher “gross negligence” standard that applies to municipalities. Questions or ideas? Email: civilbanter@nelliganlaw.ca Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

Before You Sign That Waiver

In this episode of Civil Banter, Hamish and Stan break down what waivers are and when they can prevent someone from suing after an injury. Using a 2024 Ottawa case (Bernier v. City of Ottawa), they explain how courts assess waivers and why wording, timing, and context matter. As always, the takeaway is simple: when it comes to waivers, it depends. Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

AI vs. JD

This episode, Hamish and Stan explore one of the most talked-about topics in law today: artificial intelligence. They discuss how AI is being used in legal practice, the risks of relying on it for research, and why courts are introducing new rules around its use. They also answer two common client questions: whether conversations with a lawyer are truly confidential and whether there’s a maximum amount you can sue for. Tune in to learn about solicitor-client privilege and its rare exceptions, how monetary limits work in Ontario courts, and why AI should be treated as a drafting aid rather than a replacement for legal judgment. Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.

I Spy With My Legal Eye..

In this episode of Civil Banter, Hamish and Stan pull back the curtain on one of the most talked-about (and often misunderstood) aspects of personal injury lawsuits: surveillance. They cover: * What surveillance actually looks like in practice (spoiler: it’s less James Bond and more hours of grocery store footage). * When and why insurance companies hire private investigators. * How surveillance evidence makes its way into court (and when it doesn’t). * The difference between surveillance and social media evidence. * Why juries may view surveillance with skepticism, and how it can sometimes backfire. Listen now for all things civil litigation! Thank you for joining us for Civil Banter. Tune in for more insightful discussions about all things civil litigation.